My family and myself have been renting a house for a year in the state of Georgia. Our landlords has withheld information about a termite infestation until we mentioned it to them after I started waking up to ted termites all over our floors and furniture. When I mentioned it to they said they already knew about the infestation and has known for ten years! We also do not have a lease can we legally withhold rent without a lease?

I wish to inform you that you may ask landlord to take steps to remove termite. Under § 44-7-13 it is duty of landlord to repair and keep premises in good condition. You can therefore ask landlord to perform his duties and to take steps for removal of termites. You may seek court order directing landlord to perform his duties.

So...basically, you don't mind living in a termite infested rental unit as long as you can live there rent free, correct?

Keeping in mind that Georgia is a very landlord friendly state, you might wish to review the following to view your choices here. It is important that you notify your landlord of any repair requests in WRITING so you have documentation of such.

Georgia does allow a tenant to do a "repair and deduct" if a landlord does not adequately address repair requests. It does not allow a tenant to simply withhold rent; if you do so, you face the risk of a dispossessory (our version of an eviction).

Also keep in mind that if termites fall under "pest control" a landlord is not required to address such in Georgia UNLESS the lease specifies that pest control will be provided by the landlord/management. Since you don't have a lease, I'm going to assume no such clause is part of what you and your landlord have discussed.

The good news (if there is any here) in all of this is that, as a "tenancy at will" tenant (i.e., on a month to month lease) you can easily terminate this lease (if you wish) with a simple 30 day written notice to the landlord. Thus, if writing him/her about this issue and, contacting Code Enforcement regarding this doesn't improve things, you always have this option of moving.

My family and myself have been renting a house for a year in the state of Georgia. Our landlords has withheld information about a termite infestation until we mentioned it to them after I started waking up to ted termites all over our floors and furniture. When I mentioned it to they said they already knew about the infestation and has known for ten years! We also do not have a lease can we legally withhold rent without a lease?

You can move, your option since the place is uninhabitable with the termite infestation. And by all means notify the health department so they can do an inspection. The will order the termite infestation eradicated. In all likelihood, the place will have to be tented. If they have had termites for 10 years, and the extent is as bad as you say, in short order there will be no house left for anyone to rent. In ten years they should have done a good job on the beams and all wood in the structure.

As to withholding rent, not allowable. That is only possible in states that allow one to do emergency repairs the landlord is unable or unwilling to do. That is not the situation you have here, even if Georgia did allow. The place needs to be tented for termite fumigation. Which means you have to move out. You might as well do it before the roof and ceilings come crashing down on you.